filing taxes without SSN PR ITIN

[xlynsayloux 11]

My husband and I are currently going through the AOS process and need to file taxes. I don't have a SSN yet and think its too late to apply for ITIN as we'll need to file in the next few weeks. What's the best way to file our taxes for our first year together? Thank you in advance.

[fabalis1 5]

If your K-1 is still valid you can apply for a Social Security number at your local office. It only took about 5 days for my husband's number to arrive. If you're not eligible for a SSN, you will attach a W7 form to the tax return to request that the IRS assign an ITIN number for you. It's much faster to get your SSN. If your K-1 is expired and you haven't yet received your EAD, you might not technically be eligible for a SS right now. As soon as your EAD comes, you need (and are eligible) to get a SSN so you can work. You must send original documents with your tax return for the W7, but there are tax preparers and local IRS offices that can certify the documents for you. If you can't file by April 15th, you can file an extension, but you must still make an estimated payment if you think you will owe money.

[xlynsayloux 11]

Do I file as married filing jointly? I will need to send the form with the tax return to apply for an ITIN.

[fabalis1 5]

I'm not a tax attorney, so I don't want to give you advice on what you should do. I can tell you that my husband entered the country on 12/2, we married on 12/29 and we filed our 2015 taxes as married filing jointly. I applied for his SS # before we filed so I had it for all the tax forms.

[NikLR 13,231]

What day were you married?

Also you use the w7 to request an ITIN at time of filing, not before.

If you were married in 2015 not 2016 then your husband could file as MFS and write NRA in the SSN spot for you. He would paper file (aka print it off and mail the return.)

Or if you want to do more work by including and then excluding your income abroad, he can do the W7 and again paper file requesting an ITIN for you and file MFJ.

MFS is the easiest option.

One more question, what day does your I-94 expire? (K1 visa is one time use and it's expiration doesn't matter the instant you activate the visa.) If you have 2 weeks or more left on it you can get an SSN and not worry about an ITIN. Get the SSN in maiden name and change it after recieving the EAD. It's much easier to get the SSN in visa name.

Also if you married in 2016 not 2015, he would file as single.

Edited March 13, 2016 by NLR